Domain Name Terms and Conditions
The following terms and conditions ("Domain Name Conditions") are supplemental to the General Conditions and shall apply in the Contract:
Domain Privacy Service Terms & Conditions
("Domain Privacy Service Terms & Conditions")
Registrant Rights & Responsibilities for ICANN gTLDs
Domain Name Dispute Resolution Policy as approved by ICANN ("UDRP")
Transfer as approved by ICANN ("IRTP")
- The definitions and rules of interpretation in this condition apply in the Domain Name Conditions:
- "Backorder" means a request made by You to Us for a Domain Name which is
not available for registration at the time You make such a request, but which We will monitor
and as soon as it becomes available for registration We will attempt to register the Domain
Name for You.
- "Dispute Resolution Policy" means any relevant dispute resolution policy including, but without limitation, the UDRP, the Nexus Dispute Policy and Nominet's DRS.
- "Domain Name System" means the domain name system which translates numerical Internet protocol addresses into domain names.
- "Expiration Date" means the date set out in the Whois or any other Whois database which may be nominated by Us from time to time for the expiration of the registration of the Requested Domain.
- "Name Servers" means computers that provide specific translation information in the Domain Name System.
- "Whois" means a domain name search tool for an Internet top level domain name registry database.
- For the adjudication of disputes concerning or arising from use of a Domain Name, the
Registered Name Holder shall additionally submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name
- The Registered Name Holder shall indemnify and hold harmless the Registry Operator and
its directors, officers, employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including reasonable legal fees and expenses)
arising out of or related to the Registered Name Holder's domain name registration.
- NATURE OF DOMAIN NAMES, RENEWAL AND REDEMPTION:
- You acknowledge that You will not rely on the registration or continued registration of the Requested Domain until confirmation of completion of registration of the Requested Domain is notified to You by way of the Requested Domain appearing in Your Dashboard and showing as registered status.
- Subject to clause 3.3, We will automatically renew the Requested Domain on or before the Expiration Date and We will charge You the Renewal Fee at the single rate shown at https://businesscart.uk (which shall be non-refundable) for such renewal.
- We will notify You in advance, to the email address provided by You to Us with Your Account Details, that the Requested Domain is approaching its Expiration Date and when it will be automatically renewed by Us. You must notify Us if You do not wish to renew the Requested Domain. Alternatively You may alter the setting in Your Dashboard to deactivate the automatic renewal process before the date notified to You by Us, when the Requested Domain will be renewed, if You do not want to renew the Requested Domain or wish to renew the Requested Domain manually.
- If the Requested Domain passes its Expiration Date and has not been renewed You acknowledge that at Our discretion We may:
- renew the Requested Domain on Your behalf; and
- change the Requested Domain's Name Servers to Our Name Servers, and display advertising on the Requested Domain and collect and retain any revenue generated from such advertising.
- If We decide to renew the Requested Domain after the Expiration Date You have the right for a period of 16 days after the Expiration Date to pay Us the Renewal Fee. On receipt of the Renewal Fee by Us within the 16 day period, You will retain ownership of the Requested Domain and as soon as reasonably practicable We shall restore the Requested Domain to Your Dashboard.
- If We do not receive the Renewal Fee within the 16 day period stipulated at clause 3.5 We shall have the right:
- in Our sole discretion to terminate the Contract and change ownership of the Requested Domain; and/or
- to place the Requested Domain on hold and mark it for deletion at Our sole discretion. You will then have the right for a period of time (which will end between 65 and 74 days after the Expiration Date, (when the Requested Domain is placed on hold and marked for deletion) the "Notified Period") to redeem the Requested Domain upon payment of an administration fee of 75.00 GBP, which shall include all redemption charges. On receipt of the administration fee by Us within the Notified Period, You will retain ownership of the Requested Domain and as soon as reasonably practicable We shall restore the Requested Domain to Your Dashboard.
- You acknowledge and agree that all Requested Domains stored on Our Name Servers may be subject to advertisements provided specifically to Us for this purpose by Google or other third parties specifically approved by Us and that We may collect and retain any revenue generated from such advertising. You can opt out of these advertisements at any time prior to the Expiration Date of the Requested Domain by altering the preferences in Your Dashboard under "Website Content".
- You acknowledge and agree that You will not bring or pursue any claim against Google or any other third party approved by Us who places advertisements on your Requested Domain arising from the placement by them of any advertising on the Requested Domain.
- You acknowledge and agree that You retain no legal or equitable ownership of or interest in any Intellectual Property Rights subsisting in any advertising placed on the Requested Domain by Google or any other third party approved by Us.
- YOUR OBLIGATIONS:
- You Shall:
- comply at all times with any terms and conditions, rules and regulations or similar which govern the use or registration of our Services whether issued by a Registry or otherwise;
- at all times remain the Registered Name Holder of a Domain Name registered with Us.
- You agree and acknowledge that:
- the registration of the Requested Domain is subject to any registration requirements of a specific Registry and You will comply with all of the terms and conditions of that Registry;
- We have the right to pass on any additional charges made by a Registry in order to register, renew or maintain howsoever the Requested Domain;
- We are not liable for the actions of any Registry which affect the Requested Domain, during or after the domain name registration;
- You will comply fully with the Dispute Resolution Policy and agree to any decision resulting therefrom.
- By placing a Backorder You acknowledge and agree that:
- We have made no representations or warranties to You that We will be able to register Your Backorder requested Domain Name;
- You will not hold Us liable in any way whatsoever if We are unable to register Your Backorder requested Domain Name;
- the Backorder Fees are applicable to You and subject to clause 8.5 of our General Terms and Conditions, are not refundable; and
- Your Backorder is only valid for the period which commences from the date that Your Backorder request is accepted by Us and terminates on the Expiration Date of Your Backorder requested Domain Name as set out in the Whois search result as at the date Your Backorder request is made.
- .UK, .CO.UK, .ORG.UK, .LTD.UK, .NET.UK, .PLC.UK AND .ME.UK
In the case of a ".uk, ".co.uk, ".org.uk", ".ltd.uk", ".net.uk", ".plc.uk" or
".me.uk" Requested Domain, the following terms and conditions will apply and be incorporated
into the Contract:
- The following definition shall apply in this clause 6:
- "Nominet UK" means the entity granted the exclusive right to administer the
registry for .uk domain name registrations.
- You acknowledge and agree:
- to be bound by Nominet UK's terms and conditions available at https://www.nominet.uk/uk-domains/policies/policies-rules/
as amended from time to time and the dispute policy available at: https://www.nominet.uk/domain-support/uk-domain-disputes/
as amended from time to time.
- that Your Requested Domain shall be subject to suspension, cancellation, or
transfer pursuant to any Nominet UK adopted policy, term or condition, or
pursuant to any of Our or the Registry's procedures not inconsistent with a
Nominet UK adopted policy:
- to correct mistakes by Us or the Registry in registering the Requested
- for the resolution of disputes concerning the Requested Domain.
- that We will act as agents on Your behalf by submitting Your application to
Nominet for You. However, You will still be entering into a direct contract with
Nominet UK as noted in Nominet UK's terms and conditions.
- that by accepting Nominet UK's terms and conditions You are consenting to
Nominet using Your personal data for a variety of reasons and Nominet's privacy
policy is available at https://www.nominet.uk/privacy-notice/.
In particular, Your name and address may be published as part of Nominet's Whois
- that any transfer of ownership in and to a Requested Domain shall be affected in
accordance with Nominet UK policies and procedures.
In the case of a ".app" Requested Domain, the following terms and conditions
will apply and be incorporated into the Contract:
- The following definitions shall apply in this clause 7:
- "Premium" means a Requested Domain that displays an increased Registration Fee
at Checkout and for which the .app registry have charged a premium Fee for.
- You agree:
- to release, defend, indemnify and hold Us, Our subsidiaries, affiliates,
shareholders, agents, directors, officers and employees harmless from and
against any and all claims (including, but not limited to, claims of trademark
infringement or cybersquatting), demands, liabilities, losses, damages or costs,
including reasonable legal fees, arising out of or related in any way to, the
Requested Domain, and/or Your use of the Requested Domain.
- to be bound by the Polices and Procedures of the .app Registry, available at https://www.registry.google/
- and acknowledge that we are required to charge an increased Renewal Fee for
Premium domains aligned to the increased Fee charged and shown at your initial
domain purchase during checkout.
- For the adjudication of disputes concerning or arising from use of the Requested Domain,
You shall submit, without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts of (1) Your domicile, and (2) where GMSW LTD Limited is
head quartered, presently Dennis House , 4 Hawley Road, Hinckley, , LE10 0PR , England.